What emerges from this case law is a unitary system of sources of law, with the EACJ having the power to police their hierarchical compatibility and invalidate a lower-ranking norm if it contradicts a higher-ranking one. Such an arrangement is typical for federal states; the EACJ positions itself as a guardian of hierarchical compatibility of norms within the federal system, and consequently as a constitutional court within such a system.
The UNIDROIT-FAO-IFAD Legal Guide on Agricultural Land Investment Contracts (The Guide) is a tool to promote responsible agricultural foreign investment. Many international organisations insist that more private investment is needed to meet the sustainable development goals (SDGs). Agricultural foreign investment, particularly, is central to a world with no poverty (SDG 1) and no hunger (SDG 2) (The Guide 2019, 10, 13), but the link between foreign investment and these goals should not be taken for granted. Foreign investment can probably promote these and other SDGs; however, it also creates costs and risks.
In his contribution to this symposium on Eleanor Fox and Mor Bakhoum’s book, Making Markets Work for Africa: Markets, Development, and Competition Law in Sub-Saharan Africa (OUP, 2019), Jasper Lubeto notes the omission of Nigeria, Africa’s largest economy, as a case study in the book. This excellent book went to press before Nigeria’s competition law came into force in January this year. To add to the rich discussion in this symposium, this essay discusses the historical development of Nigeria’s new competition law as well as the players and forces that shaped it. Finally, it reflects on the challenges and opportunities open to the new agency established to oversee competition law and policy in Nigeria. This essay also precedes two other essays on Nigerian competition law in the next two days.
Afronomicslaw.org is delighted to welcome Dr. Chris Nshimbi as a Contributing Editor. Dr. Chris Nshimbi is the Director and Department of Science and Technology/National Research Foundation Research Fellow in GovInn at the University of Pretoria.